Wednesday, February 23, 2011

The Foundation of Government

Why do we establish governments at all? I’d contend that the two foundational principles of government are order and justice.
1: Order
Edmund Burke, an English thinker considered the father of modern conservatism, said “Good order is the foundation of all things.” However disorganized life may feel, order is still the foundation. To better understand why order matters, imagine what happens without order. As you know, it’s unpleasant and inconvenient when your house becomes disorganized and messy. On the bigger scale, the same principle of order holds true. Disorderly governments like many in South America struggle to survive against the onslaught of anarchy. We need order almost as much as we need water in order to survive. Violence and chaos flourish where order withers. But if we’re to have order, we need someone or something to enforce order. The house doesn’t keep itself tidy. Similarly, without government, chaos and anarchy reign. Society needs an agent to establish order. We institute government to enforce order and protect its citizens. Why? Order gives us security and allows us to walk the streets without fear. The absence of order is the presence of terror and insecurity.
Order is necessary for government. But it’s not sufficient.
2: Justice
Order without justice is tyranny. North Korea, for instance, has a lot of order, but no concern for justice. The result is oppression. Justice and order must both be valued by the government.
Justice is an integral part of our human identity … and for good reason. None of us are perfect. We all make mistakes and do wrong. The reason we need justice is to resolve conflict between criminals and victims. When a burglar commits theft, his crime must be punished. Justice counteracts crime by promising a just reward for every deed, good or bad. What happens without justice? Look at countries like those found in South America. Corruption, terror, and tragedy have taken over. But when justice is upheld and government fulfills its duty, French philosopher Frederic Bastiat argues, the people are happy and fulfilled; they are able to pursue happiness, enjoy individuality. “It is under the law of justice, … that every man will attain to the fullness of his worth, to all the dignity of his being[.]”

Incidentally, order and justice have a semi-symbiotic relationship. Order is a prerequisite for justice, and without justice, order eventually collapses. How? Let’s first look at how justice helps order survive in the long term. Before the French Revolution, there was order but no justice. The peasants revolted against injustice, and order was destroyed. If justice had been in place, the peasants would have had no legitimate reason to revolt. Order without justice is brittle and fragile. Order with justice is strong.
On the other hand, order is a prerequisite for justice – without some sort of order, justice cannot be enforced.

How does this work practically? How do we keep the government accountable to these high ideals? I would recommend a constitutional republic.
The government should answer first to the highest law of justice, and then listen to the people. Why? When the people’s voice is ignored, power is arbitrary and concentrated. The danger of concentrated power is that it breeds corruption. As Lord Acton said, “Power corrupts, and absolute power corrupts absolutely.” The more power you have in the hands of few people, the more likely it is that corruption will exist. Distributing that power in the hands of the people avoids the danger of concentrated power.
Yet the government’s first priority should be justice, hopefully as embodied in its constitution. The people can make tragic mistakes, and can’t be the final answer to all the government’s accountability problems.
The government should be accountable first and foremost to justice, and next to the people.